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(영문) 서울중앙지방법원 2019.11.07 2019가단5015635
구상금 및 사해행위 취소 등의 소
Text

1. Defendant A, Defendant B, and Defendant C jointly and severally with the Plaintiff KRW 147,759,959 and KRW 146,622,287.

Reasons

1. Facts of recognition;

A. The Defendant C’s joint and several liability obligations (1) entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with the Plaintiff Company A (hereinafter “Defendant Company”) as of May 18, 2016, as well as the amount of KRW 14,400,000,000 as guaranteed on May 17, 2017 (the change to November 16, 2018 thereafter; hereinafter “the instant credit guarantee agreement”). Accordingly, the Defendant Company borrowed KRW 180,000 from the Industrial Bank of Korea as security the credit guarantee agreement issued by the Plaintiff.

(hereinafter referred to as the “instant loan”). On the other hand, Defendant B and C provided joint and several sureties for the Defendant Company’s above obligation under the instant credit guarantee agreement.

(2) On June 26, 2018, the Defendant Company began to pay the principal and interest to the Industrial Bank of Korea on the date of the occurrence of a guarantee accident, and the Plaintiff subrogated the principal and interest interest amounting to KRW 146,62,287 on November 30, 2018 at the request of the Industrial Bank of Korea.

(3) According to the instant credit guarantee agreement, when the Plaintiff performed the guaranteed obligation, the Defendant Company and the joint guarantor, calculated by the rate determined by the Plaintiff from the date of performance of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation, unpaid guarantee fees, delayed guarantee fees, and penalty (Article 10(1)). Since February 1, 2016, the rate of damages determined by the Plaintiff is 10% per annum, and the expenses incurred by the Plaintiff for the preservation of the right are 1,

B. (1) On the other hand, Defendant C entered into a mortgage agreement with Defendant C on July 10, 2018 regarding the real estate listed in the separate sheet (hereinafter “instant real estate”), which is set forth as KRW 300 million with the debtor C and the maximum debt amount (hereinafter “instant mortgage agreement”), and subsequently, the District Court of the Republic of Korea rendered a senior support on the same day.

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